In North Carolina, alimony may be awarded to a dependent spouse pursuant to divorce. Once an order for alimony is entered, it may be modified or vacated at any time upon a showing of changed circumstances by either party. In North Carolina, the termination of alimony may be made if a dependent spouse remarries or engages in cohabitation. NCGS 50-16.9(b) states that “cohabitation means the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship.” The statute continues to state that “[c]ohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations.” What does this mean? It means that once an order for alimony has been entered in North Carolina, it may either (1) be modified upon a showing of a substantial change in circumstances, or (2) terminated upon the remarriage or cohabitation of the dependent spouse. Thus, if the dependent spouse begins living with another person, any alimony they receive may be terminated. If you would like to speak to an alimony lawyer about modifying or terminating alimony in Huntersville NC or the greater Charlotte area, please contact Adkins Law PLLC. Adkins Law is located in Huntersville NC and primarily serves Huntersville NC, Cornelius NC, Davidson NC, Denver NC, Charlotte NC, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Please contact Adkins Law today to speak with an alimony lawyer in Huntersville NC.
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An uncontested divorce occurs when neither party is arguing over anything and they simply want to terminate their relationship. Typically, the parties have either already divided their property or there wasn’t any property to divide.
How do I get a divorce in Mecklenburg County? In Mecklenburg County, there are a number of requirements before you can file for divorce: 1. Either the plaintiff or the defendant must have lived in North Carolina for at least six months prior to filing for the divorce. 2. The plaintiff and the defendant must have lived separate and apart for at least one year and one day prior to filing for the divorce. Once the statutory time period has passed, either party may file for divorce. 3. The plaintiff must be able to prove that he or she served the defendant. This can be done through certified mail, the sheriff, or publication. Service is typically done by certified mail before using the services of the sheriff. If the defendant cannot be located, service by publication may be used. Once I file for divorce in Mecklenburg County, how long does it take? Once the plaintiff files for divorce, the defendant has 30 days to respond. If 30 days have passed and the plaintiff can prove that the defendant has been served, the plaintiff may submit a motion for summary judgment for divorce. Typically, a court date for the motion for summary judgment will be set several weeks out from the date the motion is filed. The average divorce may take anywhere from three to six months to be finalized. Am I required to appear in court for a divorce in Mecklenburg County? No. In an uncontested divorce in Mecklenburg County, neither party has to go to court: your divorce lawyer may handle the entire matter for you. This is true even if you live in another county. What does it cost to get a divorce in Mecklenburg County? In Mecklenburg County, court costs for filing a divorce are $225.00. There is also a $20.00 fee for a notice of hearing and a $10.00 to resume your maiden name. Additionally, you must pay to have the divorce complaint and summons served. Although this typically costs around $10.00 to serve via certified mail, it can be more expensive if service is required by sheriff or by publication. At Adkins Law, the goal is to make divorce as fast and painless as possible. We charge comparable and reasonable rates and are available for you when you need us. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County. If you need a divorce lawyer in Huntersville NC, a divorce lawyer in Cornelius NC, or a divorce lawyer in Charlotte NC, please contact Adkins Law. Do I really need a will? This is a very common question and the answer really depends on your life stage and situation. A younger, single person with minimal assets is less likely to need a will than a married person with a secure career, children, and considerable assets. A will simply ensures that your assets are distributed as you desire. If you have minor children, a will may also determine who will take guardianship of them in the event of your death.
A will is one of the most important legal documents you can create during your lifetime. In North Carolina, if you die without a will, you are said to have died “intestate.” Dying intestate means that your assets are distributed by North Carolina intestate succession laws. This usually means that your assets will go to your closest relatives, whether you want them to or not. Not only may your assets be distributed in a way you do not desire, this may also lead to potential and unnecessary lawsuits amongst your successors. To ensure that your assets are distributed as you wish, and that your loved ones are cared for after you pass, a will is essential. To be valid, a will must meet the legal requirements set for by North Carolina law. A will executed in North Carolina will also be valid in most other states, as long as the document is a valid will under that state’s laws. In North Carolina, any person at least eighteen (18) years old, or a lawfully married minor, may make a will as long as they are competent and of sound mind. The will must be in writing and signed by the testator and two witnesses. If the testator is unable to sign the will, he or she may direct another person to sign on his or her behalf. Additionally, the two witnesses must sign in the testator’s presence. In North Carolina, it is recommended that a witness be a disinterested party. A disinterested party is one who does not inherit under the will. Having disinterested witnesses prevents the will from being challenged by other parties. As long as a will is self-proven in a signed affidavit to a notary, the witnesses will not have to testify in court as to the will’s authenticity. The will is said to be self-proven and thus authentic. If you believe you need a will and want to speak to an estate planning attorney in Huntersville NC, or a wills lawyer in Huntersville NC, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Huntersville Cornelius, Davidson, Charlotte, Denver, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Contact Adkins Law to schedule a free estate planning consultation with a wills lawyer. Divorce is an ugly word with unpleasant connotations. But is it really? Unfortunately, not every couple was meant to be together. Does that mean they should try to force their relationship? Statistics say that more than half of marriages in the United States end up in divorce. When people don’t get along, is it better for them to remain together and try to work things out or is it better to separate and move on? These questions, of course, are fact specific and not easy to answer at all. The goal, either way, is that both parties are able to live life in a manner that makes them happy.
If you think you need a divorce, we recommend that you try marriage counseling first. Often, these decisions are made impulsively and marriage counseling can be extremely beneficial. Other times, divorce is a result of a trickling effect of long-term arguments and indifferences. Some couples have irreconcilable differences that lead to divorce. Whatever situation you’re in, let Adkins Law be your divorce counselors. To qualify for divorce in North Carolina, you must have lived in the state for at least six (6) months before filing. Additionally, you must have lived separate and apart from your spouse for a one-year period. After that period has passed, you may file for divorce in North Carolina. Speaking with a Huntersville divorce lawyer in Huntersville NC is extremely important. Depending on your situation, there are a number of claims that must be made before your divorce is finalized or they are lost forever. The division of marital property, also known as equitable distribution, as well as alimony, are certain claims that must be made before a divorce is finalized or they may not be made later. A divorce lawyer is able to counsel you on what claims need to be made and counsel you on the overall divorce procedure. If you are considering separating from your spouse and would like to speak to a divorce lawyer in Huntersville NC, a Cornelius divorce lawyer in Cornelius NC, or a divorce lawyer in Lake Norman, please contact Adkins Law. Adkins Law PLLC is located in Huntersville NC and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Denver, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Please contact Adkins Law to schedule a consultation with an experienced divorce lawyer in Huntersville NC. Did you get a traffic ticket in Cornelius NC? With the road construction going on recently around I-77, it isn’t hard to do. The construction has caused severe traffic problems and delays in the area. In order to avoid the traffic problems, many people have made illegal turns, u-turns, red light, and stop sign violations. As a matter of fact, the Cornelius Police have been targeting the construction area near I-77 to issue traffic tickets. It’s quite easy to get frustrated waiting in traffic and make an unlawful, or what is perceived as unlawful, movement in order to escape the traffic. Should you hire a traffic lawyer to handle your traffic ticket in Cornelius NC? Traffic lawyers in Cornelius NC may assist you in a number of ways. First, many traffic tickets are moving violations, which lead to license and insurance points. Additional points on your license and insurance will cause your insurance rates to increase. This costs money. Instead of paying off a traffic ticket or attempting to handle the ticket yourself, consider hiring a traffic lawyer in Cornelius NC. A traffic lawyer can save you money by attempting to get your moving violation turned into a non-moving violation. Hiring a traffic ticket in Cornelius NC will also, often times, prevent you from having to go to court in Charlotte NC. Having to attend court means spending the better part of a day in Charlotte away from work. This can be frustrating and confusing. Thus, if you get a traffic ticket or traffic citation in Cornelius NC, consider hiring a traffic lawyer. Not only will your traffic lawyer attempt to get you a better deal, they will often save you an abundance of money in the long-term. If you are in need of a traffic lawyer in Cornelius NC, Huntersville NC, Davidson NC, or the Lake Norman area, contact Adkins Law PLLC. Adkins Law is located in Huntersville NC and serves the Huntersville, Cornelius, Davidson, and Charlotte area. Although the practice focuses on representation in Mecklenburg County, Adkins Law PLLC also represents individuals in Iredell County, Gaston County, Cabarrus County, and Rowan County. Please contact Adkins Law if you require assistance in handling a traffic citation or if you would like to speak directly to a traffic ticket lawyer. So you got a speeding ticket in Huntersville, NC? You really should consider hiring a traffic lawyer to handle the matter for you. A lawyer is able to go to court on your behalf and attempt to negotiate a deal for you. In most situations, you never have to come to court. Instead, your attorney may be able to handle the entire matter for you without you ever having to come to court. Depending on your driving history and the severity of your speeding ticket, a lawyer may be able to negotiate a deal where you plead guilty to a non-moving violation such as improper equipment. This benefits you because a non-moving violation will not assess points to your driver’s license or insurance. Over the long-term, this will save you a lot of money. The cost of hiring an attorney often isn’t cheap. Of course, traffic tickets aren’t cheap. The true, long-term cost of an average ticket in Mecklenburg County is somewhere around $1600. Instead of simply paying the citation off or negotiating what you may think is a good deal, consider speaking with a traffic attorney first. If a traffic lawyer is often able to negotiate a plea where you are only responsible for a non-moving violation, this will save you an abundance of money in the long run. Adkins Law PLLC is located in Huntersville, NC and primarily serves Huntersville, Cornelius, Davidson, Denver, Charlotte, Mecklenburg County, Iredell County, Cabarrus County, Gaston County, and the Lake Norman area. Contact Adkins Law to speak directly to a DWI lawyer / DUI lawyer in the Huntersville, NC area. In North Carolina, immediately after you are charged with a DWI / DUI, your license may be revoked by the DMV for a period of 30 days. After a 10-day period has passed, you may apply for a limited driving privilege (LDP). The following conditions must be met for you to apply for a limited driving privilege:
1. At the time of the alleged offense, you held either a valid drivers license or a license that had been expired for less than one year; 2. You do not have an unresolved pending DWI charge, or a new DWI conviction since the current DWI charge; 3. Your license has been revoked for at least 10 days if the revocation is for 30 days, or 30 days if the revocation is for 45 days; AND 4. You obtain a substance abuse assessment and register for and agree to participate in any recommended training or treatment. These are statutory requirements set forth in NCGS 20-16.5 and may not be waived. If you meet the statutory requirements, you still are required to provide the court with the following information: 1. Proof of Insurance, specifically a form called the DL 123. Your insurance company should be able to send this to you or your lawyer; 2. Proof that you have completed the substance abuse assessment and enrolled in any recommended training or treatment. Your assessment facility should be able to send this to you or your lawyer; 3. A certified copy of your 7-year driving record from the North Carolina DMV; 4. A petition for Limited Driving Privilege (AOC-CVR-9) and Limited Driving Privilege Order (AOC-CVR-10 or AOC-CVR-11); AND 5. A $100.00 payment to the Clerk of Court. You may appear in court anytime 10 days after you are charged with DWI / DUI to apply for your limited driving privilege. The issuance of an LDP is not guaranteed. Instead, a judge must review your petition and decide whether or not to issue the order based on his or her discretion. If you have any questions about the limited driving privilege process, it is recommended that you contact an experienced DWI lawyer / DUI lawyer to assist you. Adkins Law PLLC is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Denver, Charlotte, and Mecklenburg County. Contact Adkins Law if you need to speak with a Huntersville DWI attorney. The real cost of a traffic ticket in Huntersville, NC is much more than the $30 or so fine. The true cost, over the course of the next three years, is going to be more like $1600. Your $30 traffic ticket for speeding also requires you to pay for court costs, which are usually $188. Additionally, if convicted for a moving violation, you'll be assessed points against your driving record and insurance points. These points will cause your insurance rates to increase dramatically over the next three years. Thus, with the additional court costs and insurance expenses, your traffic ticket will really cost you closer to $1600 than the nominal fine. Why are you telling me this? Primarily because a traffic attorney may be able to negotiate a better deal for you and avoid having points assessed against your license. Hiring an experienced traffic lawyer in Huntersville, NC for a traffic ticket will ensure that someone is trying to get you a better deal. Simply paying the fine and court costs will earn you a conviction on your driving record and an increase in insurance rates (for moving violations). A traffic lawyer may be able to negotiate your ticket to a non-moving violation such as improper equipment or at least get you a reduction in speed. Paying a traffic ticket attorney to do this for you may potentially save you a lot of money. Additionally, if your traffic ticket lawyer is able to have the ticket voluntarily dismissed, you won't be responsible for the fine and court costs. Instead, all you will pay is your attorney fees. Adkins Law PLLC is located in Huntersville, North Carolina and serves Huntersville, Cornelius, Davidson, Denver, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Contact Adkins Law to schedule a free consultation with a traffic lawyer, traffic attorney, speeding ticket lawyer, traffic ticket lawyer in Huntersville, NC. In North Carolina a constructive eviction occurs when a premises becomes uninhabitable. Typically the landlord has taken some action, or failed to take some action, which has made it impossible to live in the premises.
When you rent an apartment, for example, and your heating and air conditioning unit ceases to work, your apartment may become very uncomfortable to live in. You must request that your landlord repair the unit. If your landlord fails to timely and adequately repair the unit, which causes continued residence in the apartment unbearable, you may quit the lease and claim constructive eviction. For a better understanding of constructive evictions, review NCGS 42-42. In a nutshell, as specified under NCGS 42-42(a)(2), a landlord must “[m]ake all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.” Contact Adkins Law to schedule a consultation concerning landlord tenant law and evictions with a Huntersville landlord tenant lawyer. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Denver, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. How old do you have to be to operate a jet ski in North Carolina? In North Carolina, you must be at least 14 years old to operate a jet ski. A person who is at least 14 years old, but less than 16 years old, can operate a jet ski in public waters if: · they are accompanied by someone who is 18 years of age or older who is in compliance with North Carolina boating education requirements, OR · the youth has successfully completed a North Carolina approved boating safety education course and carries proof of completing the course and an identification card while operating the jet ski. A person under the age of 16 years old cannot operate a jet ski unless they have first completed a North Carolina approved boating safety education course. The owner of a jet ski must not allow a person under the age of 16 years old to operate a jet ski until they have first completed a North Carolina approved boating safety education course. A person who is at least 16 years of age but not 26 years of age must complete a North Carolina approved boating safety education course before operating a jet ski. Those who possess a United States Coast Guard operator’s license, temporary operator’s license, renter’s or lease agreement, or are a resident of another state or country operating on the waters of North Carolina for less than 90 days are exempt from the education requirement if under the age of 26. Those over the age of 26 are not required to possess a North Carolina approved boating safety certificate while operating on the waters of North Carolina. Even if you're over the age of 26, it is recommended that you successfully complete a North Carolina approved boating safety course before operating a jet ski. Adkins Law is located in Huntersville, North Carolina and primarily serves Mecklenburg County and the Lake Norman area. |
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